Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
May 7, 2015
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26320-26321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10965]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-2004-17984; FMCSA-
2005-20027;FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2007-27333; FMCSA-
2007-27897; FMCSA-2009-0054; FMCSA-2011-0010; FMCSA-2011-0057]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
17 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.
DATES: This decision is effective May 31, 2015. Comments must be
received on or before June 8, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
8398; FMCSA-2002-12294; FMCSA-2004-17984; FMCSA-2005-20027; FMCSA-2005-
20560; FMCSA-2006-24783; FMCSA-2007-27333; FMCSA-2007-27897; FMCSA-
2009-0054; FMCSA-2011-0010; FMCSA-2011-0057], using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards, 202-366-4001,
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.
II. Exemption Decision
This notice addresses 17 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 17 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Robert A. Casson (KY)
Jeffrey W. Cotner (OR)
Gerald S. Dennis (IA)
John K. Fank (IL)
Bobby G. Fletcher (TX)
Robert E. Hendrick (IL)
Gene A. Lesher, Jr. (WV)
Anthony R. Miles (NV)
Eric E. Myers (MD)
Kenneth L. Nau (MD)
Elvis E. Rogers, Jr. (TX)
Manuel H. Sanchez (TX)
George D. Schell (IL)
Robert D. Smith (OH)
David M. Stout (OR)
Kenneth E. Suter, Jr. (OH)
Richard A. Westfall (OH)
The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a
[[Page 26321]]
copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 17 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 78256; 66 FR 16311; 67 FR 46016; 67 FR 57267; 68 FR
13360; 69 FR 33997; 69 FR 61292; 69 FR 62741; 70 FR 2701; 70 FR 12265;
70 FR 16887; 70 FR 17504; 70 FR 30997; 71 FR 32183; 71 FR 41310; 71 FR
62147; 72 FR 12665; 72 FR 12666; 72 FR 25831; 72 FR 27624; 72 FR 39879;
72 FR 52419; 73 FR 61925; 74 FR 9329; 74 FR 11988; 74 FR 15586; 74 FR
19270; 74 FR 21427; 75 FR 66423; 76 FR 9856; 76 FR 17483; 76 FR 18824;
76 FR 20076; 76 FR 25762; 76 FR 29024; 78 FR 14410; 78 FR 16762; 78 FR
24300; 79 FR 24298). Each of these 17 applicants has requested renewal
of the exemption and has submitted evidence showing that the vision in
the better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.
IV. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-2004-17984; FMCSA-
2005-20027; FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2007-27333;
FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2011-0010; FMCSA-2011-0057),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so the Agency can contact
you if it has questions regarding your submission.
To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-
2004-17984; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-24783;
FMCSA-2007-27333; FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2011-0010;
FMCSA-2011-0057'' in the ``Keyword'' box, and click ``Search.'' When
the new screen appears, click on ``Comment Now!'' button and type your
comment into the text box in the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-2004-17984; FMCSA-2005-
20027; FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2007-27333; FMCSA-
2007-27897; FMCSA-2009-0054; FMCSA-2011-0010; FMCSA-2011-0057'' in the
``Keyword'' box and click ``Search.'' Next, click ``Open Docket
Folder'' button choose the document listed to review. If you do not
have access to the Internet, you may view the docket online by visiting
the Docket Management Facility in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except
Federal holidays.
Issued on: April 30, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-10965 Filed 5-6-15; 8:45 am]
BILLING CODE 4910-EX-P